The following statutes comprise the state’s relevant assistance animal and guide dog laws.
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erminology in the law on service and assistance animals was revised. In Section § 35–13–201, subsection (c) on prohibiting discrimination in residential housing changed the phrase “service dog” to “assistance animal,” and the section specifically references the federal Fair Housing Act. In addition, this paragraph was added:
(d) A public accommodation, or any agent or employee thereof, that permits a service animal or an animal believed in good faith to be a service animal in its place of public accommodation is not liable for any damage or injury caused by the animal.
In following § 35–13–203, a section was added last year that makes it a misdemeanor to falsely claim a pet is a service animal or assistance animal:
(b) Any person who knowingly and intentionally misrepresents that an animal is a service animal or an assistance animal for the purpose of obtaining any of the rights or privileges set forth in this article is guilty of a misdemeanor and may be fined not more than seven hundred fifty dollars ($750.00).
Finally, definitions were added to clarify the differences between assistance animals and service animals:
(iv) “Assistance animal” means an animal that works, provides assistance or performs tasks for the benefit of a person with a disability, or provides emotional support that alleviates one or more identified symptoms or effects of a person’s disability;
(v) “Place of public accommodation” means as defined in 28 C.F.R. 36.104;
(vi) “Public accommodation” means as defined in 28 C.F.R. 36.104;
(vii) “Public entity” means as defined in 28 C.F.R. 35.104;
(viii) “Service animal” means as defined in 28 C.F.R. 35.104 and 28 C.F.R. 36.104 and includes service miniature horses pursuant to 28 C.F.R. 35.136 and 28 C.F.R. 36.302(c).